General News of Tuesday, 28 January 2025

Source: www.ghanaweb.com

Petition To Remove EC: Same people you call incompetent just organised a successful election – Former AG defends EC

Nii Ayikoi Otoo is a former Attorney General Nii Ayikoi Otoo is a former Attorney General

A former Attorney General, Nii Ayikoi Otoo, has mounted a strong defence for Electoral Commissioners in response to a petition calling for their removal from office.

In an interview with JoyNews on January 27, 2025, Ayikoi Otoo questioned the validity of the reasons put forward by the petitioner calling for the removal of the Commission's leadership.

He argued that despite the accusations of gross incompetence related to the disenfranchisement of voters from the Santrokofi, Akpafu, Likpe, and Lolobi (SALL) areas during the 2020 parliamentary elections, the Electoral Commission successfully organised a peaceful election in 2024, with SALL constituents able to participate this time.

"In terms of merit, that's something to consider, as he himself [petitioner] rightly pointed out—why wait until now? The same people he claims are incompetent had organised another election in 2024, which allowed the SALL people to participate in it," he stated.

Ayikoi Otoo, in the course of his defence, suggested that the Electoral Commission might have been limited in their efforts, potentially due to a lack of time to create a constituency that meets constitutional criteria.

He explained that the required 21 days to lay a constitutional instrument before Parliament might not have been provided, as there was likely limited time before the 2020 elections.

"The Guan constituency was created very late, and at the time when the EC was notified, Parliament itself was in recess. From the constitutional provisions, the EC can only create a constituency by a constitutional instrument, so they did not have the luxury of time," he explained.

He added," There was no time because this constitutional instrument must have to be laid for 21 sitting days, and they got the information very late, around the middle of November 2020, and the elections were in the first week of December 2020 at the time when Parliament had risen.

"They [EC] were handicapped, and there was nothing they could do. In fact, you have to vote within a constituency as the parliamentarian is elected from the constituency which must first be created."

His comments come in response to a petition filed by Daniel Ofosu-Appiah, a Ghanaian citizen living in the Volta Region, requesting President John Dramani Mahama to remove the Electoral Commission (EC) Chairperson, Jean Mensa, from office.

The petitioner is also calling for the removal of the EC's two deputies, Samuel Tetteh and Dr. Bossman Eric Asare, as well as EC member Dr. Peter Appiahene.

The petition, filed on Monday, January 27, 2025, alleges breaches of fundamental human rights under Article 42 of the 1992 Constitution. It also cites constitutional violations, including incompetence, bias, and actions that undermine public confidence in the Commission's impartiality and integrity, contrary to Articles 23 and 296 of the Constitution.

According to the petitioner, the disenfranchisement of voters in the Santrokofi, Akpafu, Likpe, and Lolobi (SALL) areas during the 2020 parliamentary elections constitutes a gross violation of citizens' rights under Article 42.

He argued that the EC's denial of parliamentary representation to SALL residents was an attempt to influence the balance of power in Parliament.

MAG/EK

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